Prenuptial and postnuptial agreements aren’t just about money. They give both people a chance to talk openly about expectations, responsibilities, and future plans. These conversations often lead to more clarity and fewer misunderstandings later.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC explains how prenups and postnups work in Texas, what couples can agree on, and the legal limits set by the Family Code. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Understanding Prenuptial and Postnuptial Agreements in Divorce
Many people hear the word “prenuptial” and assume it means one person gets everything and the other gets nothing in a divorce. But that’s not always the case. A prenuptial or postnuptial agreement can be used to decide how things will be divided, especially when it comes to property, assets, and debts.
Can You Decide What Is Community Property and What Is Not?
Yes. In both prenuptial and postnuptial agreements, the two people involved can agree on what is considered community property and what is separate property. These agreements can be written in many ways, depending on what both parties want.
As long as the agreement follows the rules in the Texas Family Code, it can be flexible. However, there are limits. For example, the agreement cannot say that one person will not pay child support or will not provide health insurance for a child. That is not allowed under Texas law.
What Can Be Included in the Agreement?
These agreements can cover many types of property and debts. This includes:
- Real estate
- Royalty interests (such as oil and gas rights)
- Investments
- Digital assets (such as cryptocurrency like Bitcoin)
- Any other type of property or debt
If the agreement is written correctly and falls within the rules of Chapter 4 of the Texas Family Code, the couple can decide how everything will be divided. They can clearly say what will be treated as separate property and what will be treated as community property.
At Turner Monahan, we help our clients understand their options and create clear, legal agreements that protect their interests. Whether it is before or after marriage, we are here to make sure everything is done properly and fairly.
What Does the Texas Family Code Say?
The Texas Family Code outlines the rules for making valid marital agreements. Here are a few key sections that apply:
Section 4.001: Definitions
This section defines what counts as a premarital or marital property agreement. It also states that these agreements must be in writing and signed by both parties.
Section 4.003: Content of Premarital Agreement
This explains what the agreement can include. It allows couples to agree on rights and obligations related to property, income, and how things will be handled in the event of separation or divorce.
Section 4.006: Enforcement
This section outlines when a court can choose not to enforce an agreement. If one person didn’t sign voluntarily or didn’t receive full disclosure of the other’s financial situation, the agreement could be set aside.
Section 4.105: Amendment or Revocation
This section explains that an agreement can be changed or canceled after marriage, as long as both people agree in writing.
These laws are in place to protect both parties and make sure the agreements are fair and clearly understood.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Prenuptial and postnuptial agreements offer more than just financial clarity. They support better communication and protect both people’s interests. To make sure your agreement is legal and valid under Texas law, consult with a family law attorney who can guide you through the process. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Do I Prepare for Court?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
